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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 37/2024/ND-CP
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Hanoi, April 04, 2024
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DECREE
AMENDMENTS TO SOME
ARTICLES OF GOVERNMENT’S DECREE NO. 26/2019/ND-CP DATED MARCH 08, 2019 ON
GUIDELINES FOR IMPLEMENTATION OF THE LAW ON FISHERIES.
Pursuant
to the Law on Government Organization dated June 19, 2015; the Law on
amendments to some Articles of Law on Government Organization and Law on Local
Government Organization dated November 22, 2019;
Pursuant
to the Law on Fisheries dated November 21, 2017;
At
the request of the Minister of Agriculture and Rural Development;
The
Government promulgates Decree on amendments to some Articles of the
Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on guidelines for
implementation of the Law on Fisheries.
Article
1. Amendments to some Articles of the Government’s Decree No. 26/2019/ND-CP dated
March 08, 2019 on guidelines for implementation of the Law on Fisheries
1. Clauses 16, 17, 18, 19, 20, 21, 22 and 23 shall be added to
Article 3 as follows:
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a) Storm shelter
infrastructure includes dykes; breakwaters; channels; anchorages (piers,
mooring buoys, mooring chains and anchor blocks); system of buoys, markers and
signs; lighting system; and communication system.
b) Logistics
establishments of the storm shelter include establishments providing minimum
essential services (freshwater, food, communication information, health,
supplies, minor repairs, rescue and incident handling) for fishers and fishing
vessels to meet urgent requirements and handle accidents.
c) Water areas where
vessels anchor are water areas in front of the wharf, anchorage water areas,
channels to anchorages and water areas intended for provision of logistics
services.
d) Channels to the storm
shelter are channels which connect water areas where vessels are operating with
water areas where vessels anchor.
dd) Administrative zones
include infrastructure and equipment serving management and operation of
activities of the storm shelter (accommodation, management, security; internal
road system; electricity, water, wastewater treatment, fire safety; equipment).
17. “Large fishery
center" means an area associated with economically or socially advantaged
fisheries in terms of natural resources or infrastructure. It has own
boundaries and operational regulations and acts as a focal point for
production, trade and fishing logistics services in a continuous and
interconnected manner to reduce costs and enhance competitiveness. The large
fishery center includes special functional zones and dedicated facilities.
a) Special functional
zones include areas intended for processing of fishery products; repair and
manufacture of fishing gears, shipbuilding and provision of machinery and
equipment for fishing vessels, maritime equipment and communication
information; storm shelters; fishing vessel registries; local fishery resource
surveillance authorities, wharfs where fishery patrol vessels anchor; rescue
centers.
b) Dedicated facilities
include research and training institutions, financial centers and exhibition
and fair centers which serve fishing activities.
18. “Bycatch fishing of
endangered, precious and rare aquatic species” means endangered, precious and
rare aquatic species being caught or injured or killed due to bycatch fishing
by humans.
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20. “Monitoring equipment
supplier” means a unit publicly announced by the fishery authority affiliated
to the Ministry of Agriculture
and Rural Development according to regulations.
21. “Vessel serving
aquaculture, marine protection and co-management in aquatic resource
protection” means a floating vessel with or without an engine used to serve
aquaculture, marine protection and co-management in aquatic resource
protection. This vessel shall be registered and inspected according to
regulations applicable to a fishing vessel.
22. “Offshore zone”
includes 06 areas:
a) Area 1 is the area
north of latitude 17°00'N
b) Area 2 is the area
situated from latitude 14°00’N to latitude 17°00’N.
c) Area 3 is the area
situated from latitude 10°00’N to latitude 14°00’N.
d) Area 4 is the area
south of latitude 10°00’N and east of longitude 108°00’E.
dd) Area 5 is the area
south of latitude 10°00’N, situated from longitude 105°00’E to longitude 108°00’E.
e) Area 6 is the area
west of longitude 105°00’E”.
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2. Clause 9 shall be added to Article 4 as follows:
“9. In case of natural
disasters or epidemics, if it is impossible to carry out on-site inspection and
assessment to grant licenses, certificates and written approvals, and
inspection of maintenance of eligibility requirements:
a) The competent
authority shall make online assessment when requirements for resources and
technical means are fulfilled; relevant physical or electronic documents shall
be provided for the inspecting authority; or suspension or temporary extension
of licenses, certificates and written approvals shall be given; the inspection
of maintenance of eligibility requirements shall be suspended or the duration
for such inspection shall be temporarily extended.
b) Each
organization/individual engaged in production, trade and assessment of
conformity shall be responsible to the law for the accuracy of information,
photos and documents provided for the license-issuing agency. The on-site
assessment will be done after natural disasters and epidemics are controlled in
provinces in accordance with regulations of law; if the organization/individual
commits violations against regulations of law, the organization/individual will
have license immediately revoked and be sanctioned according to regulations of
law.
c) The Ministry of
Agriculture and Rural Development shall provide professional and technical
guidelines for implementation of measures in necessary cases in point a and point
b of this Clause."
3. Article 8 shall be amended as follows:
“Article
8. Management and protection of endangered, precious and rare aquatic species
1. It is prohibited from
catching species classified into Group I, except for the case where such
species is caught for the purpose of conservation, scientific research,
creation of original breeds or international cooperation.
2. Species classified
into Group II may be caught when the conditions specified in Section II
Appendix II hereof are satisfied.
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4. Creators of original
breeds and producers of breeds of endangered, precious and rare aquatic species
shall release at least 0.1% of total number of individuals annually produced
into natural water areas. Procedures for recovery of endangered, precious and
rare species of aquatic organisms shall be carried out as follows:
a) Each creator/producer
shall send a report on the preceding year's production of breeds and a plan for
recovery of endangered, precious and rare species of aquatic organisms of the
current year to the fishery authority of the province where it is headquartered
before January 30, every year by email or in person.
b) 07 days before the
recovery of endangered, precious and rare species of aquatic organisms, the
creator/producer shall send a written notification to the provincial fishery authority
in person or by email for cooperation.
5. Endangered, precious
and rare aquatic species that is an exhibit or evidence confiscated in
accordance with the Criminal Code or the Criminal Procedure Code shall be
handled as follows:
a) The individual that
remains alive shall be released into its natural habitat; if it is injured, it
shall be transferred to the aquatic species rescue center so that it is
nurtured and cured before being released into its natural habitat;
b) The exhibit that is a
dead individual or part thereof shall be transferred to the Vietnam National
Museum of Nature or research institute so that it can be used as a specimen and
for display, research, dissemination or education or shall be destroyed in
accordance with Vietnam’s law.
c) If the exhibit that is
a dead individual or part thereof cannot be transferred according to
regulations in point b of this Clause or it is confirmed that the exhibit is
sick and likely to cause dangerous disease, it is required to destroy it
immediately. The destruction shall comply with applicable regulations of the
laws on veterinary medicine, environmental protection and quarantine of plants.
6. Procedures for
rescuing endangered, precious or rare aquatic species that is injured or
stranded shall be carried out as follows:
a) Any organization and
individual that finds an endangered, precious or rare aquatic species injured
or stranded shall notify the provincial fishery authority or the aquatic
species rescue center;
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c) The aquatic species
rescue center which receives endangered, precious and rare aquatic species
transferred shall make a transfer record, using the Form No. 09.BT in the
Appendix I hereof.
7. The aquatic species
rescue center shall:
a) rescue, cure, nurture
and assess the adaptability of the rescued aquatic species before releasing
them into their natural habitat. If the rescued species is dead during the
rescue and cure, the rescue center may use it as a specimen to serve
dissemination and education or transfer it to the Vietnam National Museum of
Nature or research institute. If the rescued species is not able to live in its
natural habitat, the rescue center shall nurture or transfer it to a competent
organization for the purpose of research, dissemination or education;
b) submit an annual or ad
hoc report on rescue of endangered, precious and rare aquatic species to the
fishery authority affiliated to the Ministry of Agriculture and Rural Development by
November 20.
8. If the dead
endangered, precious or rare aquatic species is not kept, stored or produced
for the purpose of research, dissemination or education, the fishery authority
of the province shall cooperate with the district authority in handling it in
accordance with practices and regulations of laws on veterinary medicine,
environmental protection and quarantine of plants.
9. During the process of
fishing, any organization/individual that detects or unintentionally catches
endangered, precious or rare aquatic species shall be responsible for recording
information on a fishing logbook, assessing health status and handling it as
follows:
a) If the species remains
alive, it shall be released into the fishing area.
b) If the species is
injured, it shall be rescued according to rescue procedures specified in Clause
6 of this Article.
c) If the species is
injured to such an extent that it is impossible to cure it or dead, regulations
in Clause 8 of this Article shall be applied.
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“Article
10. Management of activities carried out within MPAs and ecotone
1. Activities allowed to
be conducted within a subdivision under strict protection of a marine protected
area include:
a) Floating of buoys for
marking boundary of waters;
b) Investigation and
scientific research with the competent authority’s approval and under the
supervision of the MPA management unit or the organization assigned to manage MPAs;
c) Environmental
dissemination and education, biodiversity conservation and aquatic resource
protection.
d) Patrol, inspection,
control and handling of violations;
dd) Monitoring and
supervision of natural resources, environment and archaeology;
e) Incident response at
sea, rescue of endangered, precious or rare species, preservation of marine
ecosystem.
2. Activities allowed to
be conducted within an ecological recovery subdivision include:
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b) Recovery and
regeneration of aquatic animals and plants, and marine ecosystem in accordance
with the guidelines and approval of the competent authority and under the
supervision of the MPA management unit or the organization assigned to manage MPAs;
c) Ecotourism, which must
not harm aquatic resources and marine ecosystem;
d) Innocent passage of
fishing vessels, vessels and other waterway vehicles without stopping or
anchoring, except for force majeure.
3. Activities allowed to
be conducted within a service and administration subdivision include:
a) The activities
specified in Clause 2 of this Article;
b) Aquaculture and
fishing activities;
c) Provision of ecosystem
services and ecotourism;
d) Construction of
infrastructure serving operations of performed by the MPA management unit or
the organization assigned to manage MPAs; buildings serving aquaculture and
ecotourism.
4. Activities allowed to
be conducted within an ecotone include:
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b) Construction of
infrastructure which serves socio - economic development but does not harm
other subdivisions and ecosystems in the MPA.
5. The abovementioned
activities (specified in Clauses 1, 2, 3 and 4 of this Article) conducted
within MPAs shall comply with relevant regulations of law and MPA management
regulation.”
5. Article 11 shall be
amended as follows:
a) Point a Clause 1
Article 11 shall be amended as follows:
“a) carry out
investigations, surveys, researches and application of science and technology
and international cooperation in marine protection within its scope of
management
b) Point dd Clause 1
Article 11 shall be amended as follows:
“dd) While performing
their duties within an MPA, officials of the MPA management unit or the
organization assigned to manage the MPA are entitled to make a record on
administrative violations against regulations in fishery, handle violations or
transfer them to the person having the power to impose penalties as prescribed
by law;”
c) Point e Clause 1
Article 11 shall be amended as follows:
“e) Cooperate in
scientific research, recovery and regeneration of aquatic animals and plants,
and natural ecosystems within an MPA in accordance with regulations of law;
cooperate in the fields of ecotourism, leisure and other services within the
MPA in accordance with regulations of law;”
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“h) Manage aquaculture
and fishing activities within the MPA.”
dd) Clause 3 shall be
added to Article 11 as follows:
“3. An MPA management
unit shall exercise the rights to and assume the responsibilities for
management, protection of environment and conservation of nature and
biodiversity in accordance with regulations of law.”
6. Article 13 shall be amended as follows:
“Article
13. Obligations of organizations and individuals whose operation involves
MPAs
1. Every organization or
individual engaging in investigation, scientific research, education and
training within an MPA has the following obligations:
a) Submit an
investigation, scientific research, education and training plan to the MPA
management unit or the organization assigned to manage the MPA 10 days before
the investigation, scientific research, education and training;
b) Carry out
investigation, scientific research, education and training in accordance with
regulations of this Decree and MPA management regulation and under the guidance
and supervision of the MPA management unit or the organization assigned to
manage the MPA;
c) Notify the MPA
management unit or the organization assigned to manage the MPA of results of
investigation, scientific research, education and training; domestically or
internationally published documents (if any);
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2. Every provider of
aquaculture and ecotourism services within an MPA has the following
obligations:
a) Provide ecotourism,
leisure and entertainment services according to the approved overall plan for
ecotourism, leisure and entertainment development within the MPA;
b) Comply with MPA
management regulation and regulations issued by the MPA management unit or the
organization assigned to manage the MPA;
c) Protect biodiversity
and environment; participate in cleaning up the environment, recovering and
regenerating aquatic animals and plants, and marine ecosystem within the MPA;
d) Disseminate
regulations of law on environmental protection and biodiversity protection to
tourists;
dd) Pay costs incurred in
connection with services to the MPA management unit or the organization
assigned to manage the MPA as prescribed.
e) Eligible organizations
and individuals that have demands for aquaculture and fishing within the MPA
shall register with the MPA management unit or the organization assigned to
manage the MPA.
3. Residential
communities, households and individuals living within and around an MPA have
the following obligations:
a) Comply with MPA
management regulation, regulations of the MPA management unit or the
organization assigned to manage the MPA and relevant regulations of law;
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c) Participate in
recovery and regeneration of aquatic animals and plants, and marine ecosystem
within the MPA.”
7. Point b Clause 1 Article 15 shall be amended as follows:
“b) Recurrent
expenditures: expenditures on activities of the MPA management unit or the
organization assigned to manage the MPA; on other recurrent activities related
to the MPA.”
8. Point a Clause 1, Clause 6 and Clause 7 shall be amended
and Clauses 8 and 9 shall be added to Article 21 as follows:
a) Point a Clause 1
Article 21 shall be amended as follows:
“a) Fishery authorities
affiliated to the Ministry of Agriculture and Rural Development shall issue, re-issue and revoke
certificates of eligibility for, and inspect the maintenance of eligibility
requirements for production or raising of aquatic breeds with respect to
producers and raisers of parent aquatic breeds and producers and raisers of
both parent aquatic breeds and aquatic breeds that are not parent aquatic
breeds;”
b) Clause 6 Article 21
shall be amended as follows:
"6. Duration for
maintenance of eligibility requirements
a) The duration for
maintenance of eligibility requirements by a producer or raiser is 12 months. In
case the producer or raiser has been issued with the certificate of conformity
by the conformity assessment organization according to regulations of law, the
duration for maintenance of eligibility requirements is 24 months.
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c) The inspecting
authority shall notify the producer or raiser of the time for inspection of
maintenance of eligibility requirements at least 05 days in advance. The
inspection of maintenance of eligibility requirements shall follow contents
specified in Form No. 03.NT Appendix III enclosed with this Decree. After 05
working days from the end of inspection, the inspecting authority shall notify
the inspected producer or raiser of inspection results and duration for
maintenance of eligibility requirements.
d) During the duration
for maintenance of eligibility requirements, if the producer or raiser does not
wish to maintain eligibility requirements according to regulations, the
notification shall be sent to the competent authority specified in Clause 1 of
this Article for revocation of certificate of eligibility for production or
raising of aquatic breeds and public declaration on the website of the fishery
authority affiliated to the Ministry of Agriculture and Rural Development.”
c) Clause 7 Article 21
shall be amended as follows:
“7. When the producer or
raiser is found committing one of the violations specified in Clause 4 Article
25 of the Law on Fisheries, the competent authority shall take actions as
follows:
a) If the producer or
raiser fails to maintain eligibility requirements according to regulations in
one of the points a,b,d Clause 1 Article 24 of the Law on Fisheries and Clause
1 Article 20 of this Decree, the competent authority shall take actions against
the violation and issue a decision on revocation of or request another competent
authority to revoke the certificate of eligibility for production or raising of
aquatic breeds, and publish a notification thereof on the website of the
fishery authority affiliated to the Ministry of Agriculture and Rural Development;
b) If the producer or
raiser fails to maintain or maintains eligibility requirements specified in
point c Clause 1 Article 24 of the Law on Fisheries and Clause 2 Article 20 of
this Decree in an inadequate manner but is not capable of taking remedial
measures, the competent authority shall take actions against the violation and
issue a decision on revocation of or request another competent authority to
revoke the certificate of eligibility for production or raising of aquatic
breeds, and publish a notification thereof on the website of the fishery
authority affiliated to the Ministry of Agriculture and Rural Development;
c) If the producer or
raiser commits a violation against regulations in point a or point c Clause 4
Article 25 of the Law on Fisheries, the competent authority shall take
administrative actions against the violation as prescribed and issue a decision
on revocation of or request another competent authority to revoke the
certificate of eligibility for production or raising of aquatic breeds, and
publish a notification thereof on the website of the fishery authority
affiliated to the Ministry of Agriculture and Rural Development.”
d) Clause 8 and Clause 9
shall be added to Article 21 as follows:
“8. When engaging in one,
some or all stages of the process of production or raising of aquatic breeds
that have declarations of applicable standard or declarations of their
conformity with corresponding national technical regulations submitted by
another producer or raiser, the producer or raiser issued with the certificate
of eligibility for production or raising of aquatic breeds shall:
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b) fulfill the
obligations specified in points b,c,dd,e,g and h Clause 2 Article 26 of the Law
on Fisheries. Keep records and retain documents during the production or
raising and assign copies thereof to the producer or raiser whose aquatic
breeds have declarations of applicable standard or declarations of their
conformity with corresponding national technical regulations submitted for the
tracing purpose
9. When producing or
raising aquatic breeds at another producer or raiser issued with the certificate
of eligibility, the producer or raiser whose aquatic breeds have declarations
of applicable standard or declarations of their conformity with corresponding
national technical regulations submitted shall fulfill all obligations
specified in points a, d and g Clause 2 Article 26 of the Law on Fisheries,
retain documents during the production and raising.”
9. Point c Clause 2 Article 22 shall be amended as follows:
“c) A research outline
approved by the competent state management agency (if the aquatic species is
imported for the purpose of scientific research).”
10. Point b Clause 7 Article 26 shall be amended as follows:
“b) Within 01 working day
from the date on which the decision on recognition of aquatic breed testing
results is issued, the fishery authority affiliated to the Ministry of
Agriculture and Rural Development shall publicize the decision on its web
portal.”
11. Point b Clause 5, Clause 6, Clause 7 shall be amended and
Clause 9 shall be added to Article 28 as follows:
a) Point b Clause 5
Article 28 shall be amended as follows:
“b) On-site inspection of
fulfillment of eligibility requirements by the producer of aquafeeds and
treatment products according to Article 27 of this Decree and Article 32 of the
Law on Fisheries;”
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"6. Maintenance
inspection time
a) The duration for
maintenance of eligibility requirements by the producer of aquafeeds and
treatment products is 12 months. In case the producer has been issued with the
certificate of conformity by the conformity assessment organization according
to regulations of law, its maintenance of eligibility requirements shall be
inspected within 24 months.
b) Maintenance of
eligibility requirements by the producer shall be inspected within 90 days from
the end date of the 12-month period and 180 days from the end date of the
24-month period. The 12-month and 24-month periods begin on the date of the
first certificate of eligibility of the producer or raiser or the date of the
previous inspection according to regulations.
c) The inspecting
authority shall notify the producer of the time for inspection of maintenance
of eligibility requirements at least 05 days in advance; the inspection of
maintenance of eligibility requirements shall follow contents specified in Form
No. 13.NT Appendix III enclosed with this Decree. After 05 working days from
the end of inspection, the inspecting authority shall notify the inspected
producer of inspection results and duration for maintenance of eligibility
requirements.
d) During the duration
for maintenance of eligibility requirements, if the producer does not wish to
maintain eligibility requirements according to regulations, the producer shall
notify the competent authority specified in Clause 1 of this Article for
revocation of the certificate of eligibility for production of aquafeeds and
treatment products and public declaration on the website of fishery authority
affiliated to the Ministry of Agriculture and Rural Development.
7. When the producer is
found committing one of the violations specified in Clause 4 Article 34 of the
Law on Fisheries, the competent authority shall take actions as follows:
a) If the producer fails
to maintain eligibility requirements according to regulations in one of the
points a,b,d,e Clause 1 Article 32 of the Law on Fisheries and Clauses 1 and 2
Article 27 of this Decree, the competent authority shall take actions against
the violation and issue a decision on revocation of or request another competent
authority to revoke the certificate of eligibility for production of aquafeeds
and treatment products, and publish a notification thereof on the website of
the fishery authority affiliated to the Ministry of Agriculture and Rural
Development
b) If the producer fails
to maintain eligibility requirements or maintains eligibility requirements in
an inadequate manner but is not capable of taking remedial measures to fulfill
the requirements specified in point dd Clause 1 Article 32 of the Law on
Fisheries and Clause 3 Article 27 of this Decree, the competent authority shall
take actions against the violation and issue a decision on revocation of or
request another competent authority to revoke the certificate of eligibility
for production of aquafeeds and treatment products, and publish a notification
thereof on the website of the fishery authority affiliated to the Ministry of
Agriculture and Rural Development.
c) If the producer
commits a violation against regulations in point a or point c Clause 4 Article
34 of the Law on Fisheries, the competent authority shall take administrative
actions against such violation as prescribed and issue a decision on revocation
of or request another competent authority to revoke the certificate of
eligibility for production of aquafeeds and treatment products, and publish a
notification thereof on the website of the fishery authority affiliated to the
Ministry of Agriculture and Rural Development.”
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“9. The following
establishments are not required to obtain the certificate of eligibility for
production of aquafeeds: producers of aquafeeds that are not subject to
declaration of conformity; initial producers (farming, breeding, aquaculture,
harvesting and fishing establishments).”
12. Article 29 shall be amended as follows:
“Article
29. Inspection of quality of aquafeeds and treatment products
1. The authority
inspecting quality
of imported aquafeeds and treatment products is the Ministry of Agriculture and
Rural Development.
2. Contents and
procedures for inspection of quality of imported aquafeeds and treatment
products shall comply with regulations of the law on product quality.
3. Samples of aquafeeds
and treatment products shall be taken in accordance with national standards and
national technical regulations In case a national standard or national
technical regulation on sampling is not available, samples shall be taken
randomly.
4. Aquafeeds and
treatment products shall be tested by the laboratory designated by the Ministry
of Agriculture and Rural Development or registered according to regulations of
law. In case a designated testing laboratory (in case such aquafeeds and
treatment products shall be tested in order to serve state inspection) or
registered testing laboratory (in case such aquafeeds and treatment products
shall be tested in order to serve activities of organizations/individuals) is
not available, aquafeeds and treatment products shall be tested at a laboratory
designated or registered to carry out tests in the field of food, feeds,
veterinary drugs, agrochemicals and fertilizers if an appropriate testing
method is available. In case testing methods are yet to be designated or an
agreement on such testing methods is yet to be reached, the fishery authority affiliated
to the Ministry of Agriculture and Rural Development shall decide a testing
method.”
13. Point b Clause 2 and
Clause 4 Article 30 shall be amended as follows:
a) Point b Clause 2
Article 30 shall be amended as follows:
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b) Clause 4 Article 30
shall be amended as follows:
“4. Live fishery products
imported as aquafeeds:
a)
Organizations/individuals are permitted to import fishery products included in
the List of aquatic species licensed for sale in Vietnam to use them as
aquafeeds. In case of import of fishery products as aquafeeds which have not
yet been included in the List of aquatic species licensed for sale in Vietnam,
organizations/individuals shall take fishery product testing according to
regulations in Article 26 of this Decree.
b) Procedures for
importing aquatic species licensed for sale in Vietnam to use them as aquafeeds
shall comply with regulations in Article 30 of this Decree.”
14. Article 36 shall be amended as follows:
“Article
36. Registration of cage aquaculture and main aquatic species
1. The competent
authority issuing a certificate of registration of cage aquaculture and main aquatic species
is the provincial fishery authority.
2. Aquaculture forms
include cage aquaculture, aquaculture on
scaffolds, tidal flat containment, aquaculture at sea, natural lagoons, rivers
and lakes shall be registered.
3. An application for
registration includes:
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b) A floor plan of the
pond/cage confirmed by the establishment owner.
4. An application for
re-registration includes:
a) An application form
(Form No. 27.NT in the Appendix III hereof);
b) An original of the
issued certificate of registration (except in the case it is lost);
c) A floor plan of the
pond/cage confirmed by the establishment owner (in case of change of production
scale); documentary evidences in the case of change of the establishment owner.
5. Procedures for
registration and re-registration of cage aquaculture and main aquatic species:
a) The applicant shall
submit an application to the provincial fishery authority;
b) Within 07 working days
from the receipt of the satisfactory application, according to local planning,
plan, program and project on development of aquaculture approved by the
competent authority and other relevant regulations, the provincial fishery
authority shall consider issuing a certificate according to the Form No. 28.NT
in the Appendix III hereof In case of refusal, a written reply which specifies
reasons shall be provided.
6. Cage aquaculture and
main aquatic species shall be re-registered in one of the following cases: the
certificate of registration is lost or torn; the establishment owner or
production scale is changed; aquaculture subject is changed.
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a) The certificate of
registration of cage aquaculture and main aquatic species shall be revoked in
one of the following cases: its contents are erased or changed; or the
certificate holder commits a violation that leads to revocation of the
certificate;
b) Any authority that has
the power to issue the certificate also has the power to revoke it.”
15. Point b Clauses 3 and
4 shall be amended and point c Clause 5, Clause 6, Clause 7 shall be added to
Article 37 as follows:
a) Point b Clause 3
Article 37 shall be amended as follows:
“b) Within 45 days from
the receipt of the satisfactory application, the competent authority shall
appraise the application, consult the environment authority and relevant unit, conduct
on-site inspection (if necessary) at the proposed sea area and consider issuing
the mariculture license according to the Form No. 31.NT in the Appendix III
hereof if all regulations are complied with. In case of rejection of the
application, a response and explanation shall be provided in writing.
b) Clause 4 Article 37
shall be amended as follows:
“4. Re-issuance or
renewal of the mariculture license.
a) Cases of re-issuance
or renewal of the mariculture license: the mariculture license shall be
considered for re-issuance in case it is lost or damaged or the information on
the application is changed; renewal in case it is still valid for at least 60
days.
b) An application for
re-issuance or renewal of the mariculture license includes:
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Report on production
results (Form No. 30A.NT in the Appendix III hereof);
Report on results of
environment protection appraised by the competent authority according to
regulations;
A certified copy of
Decision on transfer of marine aquaculture site (in case of renewal of the
license);
A copy of document
prepared by the competent authority which shows the changed information on the
applicant (in case of re-issuance of the license).
c) Procedures for
re-issuance or renewal of the mariculture license:
The applicant shall send
an application to the competent authority specified in Clause 1 of this
Article.
Within 15 working days
from the receipt of the satisfactory application, the competent authority shall
consider re-issuing/renewing the license. In case of rejection of the
application, a response and explanation shall be provided in writing.”
c) Point c shall be added
to Clause 5 Article 37 as follows:
“c) When it is detected
that one of the violations specified in point a of this Clause is committed,
the competent authority specified in point b of this Clause shall issue a
decision to revoke the mariculture license.”
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“6. The validity period
of the mariculture license shall not exceed the period specified in Clause 4
Article 44 of the Law on Fisheries. When the license expires, if the
organization/individual wishes to continue to use sea areas for aquaculture,
the period may be extended once or multiple times but total extension period
shall not exceed 20 years.
7. In case of transfer of
the right to use sea areas, the organization/individual hiring or receiving the
right to use sea areas as capital contribution shall be responsible to the law
for obligations to aquaculture and use of sea areas.
a) If the transferee
continues to carry out the aquaculture project of the transfer, the transferee
shall change information in the mariculture license according to Clause 4 of
this Article;
b) If the transferee
fails to continue to carry out the aquaculture project of the transfer, the
transferee shall follow procedures for issuing the mariculture license
according to Clause 2 and Clause 3 of this Article.”
16. Article 38 shall be amended as follows:
“Article
38. Issuance of mariculture licenses to foreign investors and foreign-invested
business entities
1. The authority that has
the power to issue mariculture licenses to foreign investors and foreign-invested
business entities is the Ministry of Agriculture and Rural Development.
2. The application for
issuance of mariculture license is specified in Clause 2 Article 37 of this
Decree
3. Procedures for issuing
a mariculture license:
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b) Within 90 days from
the receipt of the satisfactory application, the fishery authority affiliated
to the Ministry of Agriculture and Rural Development shall appraise the
application; organize site survey at the sea areas (if necessary); and consult
the Ministry of Agriculture and Rural Development about seeking opinions from
the local authority of the area where the sea areas exist, Ministry of National
Defense, Ministry of Foreign Affairs, Ministry of Public Security, and Ministry
of Natural Resources and Environment. The enquired authorities shall reply
within 30 days from the date of receipt of documents that seek opinions. By the
aforementioned deadline, if these authorities fail to reply in writing, it
deems that they have agreed.
If those are concurring
with opinions, within 05 working days, the fishery authority affiliated to the
Ministry of Agriculture and Rural Development shall consult the Minister of
Agriculture and Rural Development about issuing the mariculture license
according to the Form No. 31.NT in the Appendix III hereof.
If there is at least 01
dissenting opinion, the fishery authority affiliated to the Ministry of
Agriculture and Rural Development shall consult the Ministry of Agriculture and
Rural Development to notify the Prime Ministry for instructions. After
receiving instructions from the Prime Minister, within 07 working days, the Minister
of Agriculture and Rural Development shall issue the mariculture license
according to the Form No. 31.NT in the Appendix III hereof. In case of
rejection of the application, a response and explanation shall be provided in
writing.
4. Re-issuance or renewal
of the license:
a) Cases of re-issuance
or renewal of the mariculture license: the mariculture license shall be
re-issued in case it is lost or damaged or the information on the application
is changed; shall be considered for renewal in case it is still valid for at
least 60 days.
b) An application for
re-issuance or renewal of the mariculture license includes:
An application form (Form
No. 29.NT in the Appendix III hereof);
Report on production
results (Form No. 30A.NT in the Appendix III hereof);
Report on results of
environment protection appraised by the competent authority according to
regulations;
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A copy of document
prepared by the competent authority which shows the changed information on the
applicant (in case of re-issuance of the license).
c) Procedures for
re-issuance or renewal of the mariculture license:
The applicant shall send
an application to the competent authority specified in Clause 1 of this
Article.
Within 30 working days
from the receipt of the satisfactory application, the competent authority shall
consider re-issuing/renewing the license. In case of rejection of the
application, a response and explanation shall be provided in writing.
5. The validity period of
the mariculture license shall comply with regulations in Article 37 of this
Decree.
6. Revocation of the
mariculture license:
a) The license shall be
revoked in one of the following cases: the license’s contents are erased or
changed or regulations specified in the license are not complied with;
b) The Ministry of
Agriculture and Rural Development has the power to revoke and issue a Decision
to revoke the license.
7. In case of transfer of
the right to use sea areas for aquaculture, the organization/individual hiring
or receiving the right to use sea areas as capital contribution shall be
responsible to the law for obligations to aquaculture and use of sea areas.
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b) If the transferee
fails to continue to carry out the aquaculture project of the transfer, the
transferee shall follow procedures for issuing the mariculture license
according to Clause 2 and Clause 3 of this Article;
17. Clause 2 and point b Clause 3 Article 41 shall be amended as
follows:
a) Clause 2 Article 41
shall be amended as follows:
“2. The establishment in
charge of breeding of endangered, precious and rare aquatic species shall satisfy
all eligibility requirements specified in Article 24 of the Law on Fisheries
and Article 20 of this Decree. The establishment in charge of rearing and
artificial propagation of endangered, precious and rare aquatic species, except
the aquatic species specified in Clause 1 of this Article shall satisfy all
eligibility requirements specified in Article 38 of the Law on Fisheries and
Article 34 of this Decree.”
b) Point b Clause 3
Article 41 shall be amended:
“b) Regarding endangered,
precious and rare aquatic species not included in CITES Appendices, the
establishment shall apply for a certificate of eligibility for aquaculture
according to regulations in Article 35 of this Decree.”
18. Clause 1 Article 42 shall be amended as follows:
“1. Offshore fishing
zones include:
a) Coastal zone, which is
delimited by the waterline along the coast and coastal route. Regarding an
island, coast zone is the waters extending up to 06 nautical miles from the
average line of tide in multiple years around the coast of the island;
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c) Offshore zone, which
is delimited by the inshore route and outer boundary determined according to
United Nations Convention on Law of the Sea – UNCLOS.”
19. Clause 4, Clause 5 and Clause 6 shall be added to Article
43 as follows:
“4. Quota
conversion for Licenses for fishing in offshore zones:
a) When transferring the
right of ownership of fishing vessels among provinces and central- affiliated
cities, holders of licenses for fishing in offshore zones shall ensure that
total quotas for licenses for fishing in offshore zones assigned by the
Ministry of Agriculture and Rural Development are not increased.
Quota conversion for
fishing licenses among industries in total quotas assigned shall be decided by
provincial People's Committees in such a way to ensure that the fishing
industry in provinces and cities will develop towards only conversion to any
industry that protects aquatic resources and comply with regulations of law.
b) Any transferee of
right of ownership of fishing vessels shall comply with regulations on issuance
of written approvals under Article 62 of the Law on Fisheries and Article 57 of
this Decree and register fishing vessels according to regulations. Departments
of Agriculture and Rural Development in provinces and central-affiliated cities
where transferors of right of ownership of fishing vessels are located shall
notify quota conversion for licenses for fishing in offshore zones (Form No.
01A.KT Appendix IV enclosed with this Decree) to those in provinces and central-affiliated
cities where transferees of right of ownership of fishing vessels are located
after issuing written approvals according to regulations; fishing vessel
registration agencies shall follow procedures for deregistering fishing vessels
and register fishing vessels according to regulations.
5. Authorities in
landlocked provinces and central- affiliated cities shall review and determine
the number of existing fishing vessels and their operation areas, and fishing
licenses issued to fishing vessels with a length of from 06 meters to less than
15 meters before the effective date of this Decree. After that, they shall send
reports to People's Committees of coastal provinces and central-affiliated
cities where fishing vessels operate for inclusion in quotas for licenses for
fishing in coastal zones and inshore zones of such provinces and cities and
cooperation in management of fishing vessels.
6. Vessels with a length
of at least 06 meters shall enter ports in order for products to be loaded and
unloaded.”
20. Article 44 shall be amended as follows:
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1. The fishing vessel
monitoring system shall meet requirements specified in Appendix VII enclosed
with this Decree.
2. The fishing vessel
monitoring system software at the monitoring equipment supplier shall meet the
following requirements:
a) Being capable of
connecting and receiving information and data from the fishing vessel
monitoring system;
b) Ensuring continuous
connection to transmit full information and data from the fishing vessel
monitoring system to the monitoring data center affiliated to the fishery
authority under the Ministry of Agriculture and Rural Development;
c) Receiving information
from the fishing vessel monitoring system software in order to transmit it to
the fishing vessel monitoring system according to the format prescribed by the
monitoring data center affiliated to the fishery authority under the Ministry
of Agriculture and Rural Development;
d) Keeping data
confidential according to regulations of law.
3. Functions of fishing
vessel monitoring system software at the monitoring data center affiliated to
the fishery authority under the Ministry of Agriculture and Rural Development:
a) The software must be
compatible with Microsoft Windows, Android and IOS, and have an intuitive
Vietnamese interface. Software must be able to manage all information of
fishing vessels provided with monitoring equipment; provide information to
central government authorities and local authorities to manage, inspect and
monitor activities of fishing vessels at sea and entry into and exit from
ports; the revision to data on fishing vessels is prohibited;
b) The software must
display vessel location in real time, time, speed, course, alarm signals, last
data update time, weather information, fishery information and status of the
monitoring equipment, and send information to the monitoring equipment via the
software at the monitoring equipment supplier; display main equipment according
to the declared code enclosed with the fishing license and backup equipment;
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d) Software must connect
and transmit information to the data center of the monitoring equipment
supplier; grant privileges to organizations and individuals entitled to use
fishing vessel monitoring data;
dd) Software must clearly
display coordinates of fishing zones, zones where fishing is prohibited,
fishing ports, islands and archipelagos under Vietnamese sovereignty that have
been delimited and Vietnam's historic waters.
4. Management of fishing
vessel monitoring system
a) The fishery authority
under the Ministry of Agriculture and Rural Development shall:
Unify management of the
fishing vessel monitoring system and fishing vessel monitoring data nationwide,
manage system and grant rights to access and use fishing vessel monitoring data
to local authorities, fishing port agencies and organizations designated and
forces that enforce laws on fishing at sea; directly handle fishing vessel
monitoring data with regard to fishing vessels with a length of at least 24
meters.
Build and operate the
fishing vessel monitoring system, and ensure that information and data are
received and processed promptly; if it is detected that the fishing vessel
loses signal or has crossed the zone permitted for fishing at sea, the fishery
authority shall send notification by one of the following forms: phone, email,
or data to focal points receiving and processing fishing vessel monitoring
information of Departments of Agriculture and Rural Development in coastal
provinces and central- affiliated cities, Vietnam Fisheries Surveillance,
Vietnam Coast Guard, Vietnam Border Guard in order to organize inspection,
control, settlement, consolidation and report according to regulations and
rules on cooperation among units.
b) Departments of
Agriculture and Development of coastal provinces and cities shall manage and
process fishing vessel monitoring data of provinces and cities; process
monitoring data of vessels with a maximum length of from 15 meters to less than
24 meters; access fishing vessel monitoring database to serve management of
fishing vessels, traceability and handling of violations within their
management. Fishery authorities of coastal provinces and cities shall manage
and process monitoring data on fishing vessels of provinces and cities and
fishing vessels of other provinces and cities when they operate in waters
within their management; access fishing vessel monitoring database to serve
management of fishing vessels, traceability and handling of violations within
their jurisdiction.
c) Departments of
Agriculture and Development of provinces and central- affiliated cities,
Vietnam Fisheries Surveillance, Vietnam Coast Guard, Vietnam Border Guard shall
appoint focal points receiving fishing vessel monitoring information and send
information about such focal points to the fishery authority under the Ministry
of Agriculture and Rural Development, and process data of the fishing vessel
monitoring system. They shall send reports on handling results to the fishery
authority under the Ministry of Agriculture and Rural Development (via On-duty
Department operating fishing vessel monitoring systems) by email or in writing
for consolidation on a periodical (by 20th every month) or ad hoc
(if required) basis.
d) When installing
monitoring equipment, the vessel owner shall declare information about installation
and activation of the equipment according to the Form No. 01.KT in the Appendix
IV hereof; and provide information about monitoring of his/her vessel from the
monitoring data center affiliated to the fishery authority under the Ministry
of Agriculture and Rural Development and the monitoring data center under the
monitoring equipment supplier upon request.
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e) The captain or the
vessel owner must ensure that monitoring equipment operates 24/24 from the
moment a fishing vessel leaves port until it returns. In case the monitoring
equipment loses signal, the captain or the vessel owner shall use another
equipment that records the vessel location and report the location to the
management agency at port when the vessel enters the port, and use another
communication equipment and report the vessel location to the fishery authority
under the Ministry of Agriculture and Rural Development and the provincial
fishery authority where the fishing vessel is registered (via On-duty
Department operating fishing vessel monitoring systems) every 06 hours and take
the vessel to the port for repair within 10 days from the date on which the
monitoring equipment is damaged; the captain or the vessel owner shall strictly
comply with warnings given by the monitoring equipment, and must not operate
their fishing vessel crossing boundaries of zones permitted for fishing at sea.
g) Foreign fishing
vessels operating within Vietnam’s waters must install monitoring equipment in
accordance with technical requirements and regulations on management and use of
fishing vessel monitoring system and data specified in this Article;
h) Monitoring data shall
be used as a legal ground for managing activities of fishing vessels, imposing
penalties for administrative violations, handling disputes over fishing gears,
stating fishery products originating from catches and providing benefits in the
fishery sector.
5. Responsibility of the
monitoring equipment supplier
a) Update and manage
information about fishing vessels and their owners, codes of fishing vessel
monitoring equipment and container seal numbers. The information is
automatically transmitted to the monitoring data center affiliated to the
fishery authority under the Ministry of Agriculture and Rural Development.
Conduct inspection and take responsibility for the accuracy of information
before updating it on the fishing vessel monitoring system software of the monitoring
equipment supplier; notify the vessel owner of the expiration of the vessel
monitoring equipment 30 days in advance; be prohibited from making
disconnection without permission when the fishing vessel is operating at sea;
b) Install the monitoring
equipment at a fixed location in a part attached to the fishing vessel’s hull. There
must be manual (the manual shall contain at least: 24/24 telephone number,
contact address of the supplier); the equipment shall be protected by fixing
container seal on the vessel upon installation or after repair;
c) Promptly tackle
equipment technical issues and provide information related to the equipment;
cooperate in handling violations at the request of the competent authority;
handle loss of signal of its monitoring equipment; send monitoring data that
has not yet been submitted to the monitoring data center affiliated to the
fishery authority under the Ministry of Agriculture and Rural Development
enclosed with a written certification in case of force majeure events;
d) Submit quarterly,
biannual, annual or ad hoc reports on results to the fishery authority under
the Ministry of Agriculture and Rural Development, Departments of Agriculture
and Rural Development in provinces and central-affiliated cities where fishing
vessels are registered according to Form No. 01B.KT Appendix IV enclosed with
this Decree upon request;
dd) Before supplying the
fishing vessel monitoring equipment, notify in writing the fishery authority
under the Ministry of Agriculture and Rural Development for consolidation and
public disclosure on its web portal;
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g) Assume responsibility
in case the data cannot be transmitted from the equipment to the monitoring
data center due to technical errors.
6. Data security:
a) Data stored in server
of the monitoring equipment supplier should not be deleted or changed during
the storage period;
b) Data transmitted
between the monitoring equipment and the server of the monitoring equipment
supplier must be encoded to ensure information security during the
transmission; when being transmitted to other specialized agencies, monitoring
data must be encoded according to regulations;
c) Monitoring data shall
be stored for at least 36 months; data storage and processing servers of the
monitoring equipment supplier shall be located in Vietnam;
d) The monitoring
equipment supplier shall be responsible for keeping data confidential and
providing data in an accurate manner; only provide monitoring data upon request
of fishery authorities when obtaining approval from the fishery authority under
the Ministry of Agriculture and Rural Development.
7. Management,
installation, dismantlement and replacement of monitoring equipment
a) The provincial fishery
authority shall establish and issue procedures for installation, dismantlement
and replacement of fishing vessel monitoring equipment and manage such
installation, dismantlement and replacement,
b) Upon installation,
dismantlement and replacement of monitoring equipment, the vessel owner shall
notify the local fishery authority according to Form No. 01.KT Appendix IV
enclosed with this Decree to serve inspection and verification according to
regulations and request the supplier to update such installation, dismantlement
and replacement to the database. If the monitoring equipment is damaged, before
the equipment is dismantled, the provincial fishery authority shall be notified
to make a record of equipment status prior to dismantlement and replacement.
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21. Point b Clause 1,
Clause 4, point b Clause 5 shall be amended and Clause 6 shall be added to
Article 45 as follows:
a) Point b Clause 1
Article 45 shall be amended as follows:
“b) Photocopy of the
fishing vessel safety certificate if the fishing vessel is required to be
registered;"
b) Clause 4 Article 45
shall be amended as follows:
“4. The validity period
of the initial fishing license shall not exceed the remaining period of the
fishing quota.”
c) Point b Clause 5
Article 45 shall be amended as follows:
“b) When it is found that
one of the violations specified in Clause 5 Article 50 of the Law on Fisheries
is committed, the competent authority shall issue a decision on revocation of
the fishing license and publish a notification thereof on the mass media.
d) Clause 6 shall be
added to Article 45 as follows:
“6. A fishing vessel may
have 01 secondary vocation, except for trawling and fishing logistics. A
fishing logistics vessel must not have any other vocation.”
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“Article
45a. Supervisors on Vietnamese fishing vessels operating within Vietnam’s
waters
1. A supervisor on a
Vietnamese fishing vessel shall satisfy the following conditions:
a) Being a Vietnamese
citizen;
b) Attaining fitness and
possessing skills to work on the fishing vessel for a long term at sea;
c) Completing refresher
training or training courses in supervision of fishing activities.
2. Rights and
responsibilities of the supervisor:
a) Be enabled to work,
eat and rest during working period;
b) Be provided with
travel expenses, per diem, salary, allowances, insurance and other benefits and
expenses according to applicable regulations in case he/she is appointed by the
state agency; be paid for expenses according to the contract in case he/she is
hired to perform supervision task on the fishing vessel;
c) Access and use
facilities and equipment of the vessel which are necessary to perform tasks;
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dd) Access marine
equipment, nautical charts, radios, echo sounders, fishfinders, radar,
communication equipment and other equipment; approach the deck during the
period on which fishing gears are dropped and packed up and access aquatic
specimens for collection and sampling;
e) Be supplied with
medical and sanitary equipment; food and accommodation that meet standards
applied to crew members working on the fishing vessel;
g) Attend refresher
training and training courses in supervision tasks performed by supervisors on
the fishing vessel;
h) Carry out tasks under
the contract or as assigned by the state agency;
i) Follow code of conduct
and comply with regulations on security of information related to activities of
the fishing vessel, crew members, vessel owner and collected data and
information;
k) Ensure independence,
objectivity and fairness upon performance of supervisions tasks on the fishing
vessel;
k) Regularly discuss
relevant issues and tasks with the captain.
3. Rights of the vessel
owner and captain
a) Be notified at least
07 days in advance of the allocation of supervisors work on the fishing vessel
for the upcoming trip in case these supervisors are appointed by the state
agency; be informed about the rights and obligations to implementation of the
supervisory program on the fishing vessel;
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c) The captain may
consider and comment about reports submitted by supervisors and has the right
to provide additional opinions and information on such reports.
4. Responsibilities of
the vessel owner and captain
a) Receive, allocate
working, eating and resting places to and enable supervisors appointed by the
state agency to work on the fishing vessel according to the Plan to carry out
the supervisory program approved by the Ministry of Agriculture and Rural
Development; notify in writing the local fishery authority of assignment of
supervisors on the fishing vessel before signature of contracts with
supervisors for monitoring and manage;
b) Assign a crew member
to accompany the supervisor when he/she performs tasks in dangerous areas;
c) Inform sailors about
the time supervisors are on board and disseminate their rights and
responsibilities when these supervisors perform their tasks on the fishing
vessel;
d) Assist supervisors in
embarking and disembarking safely at the notified or agreed location and time;
dd) Notify supervisors
for at least fifteen minutes before casting and hauling in the net;
e) Allow and assist
supervisors to access full dossiers of the fishing vessel, including
registration certificate of fishing vessel, fishing vessel safety certificate,
fishing license, directory book of fishing vessels' crew members and fishing
logbook in order to conduct inspection and record information about the fishing
vessel and trip;
g) Allow supervisors to
access fishing space and products, marine equipment, nautical charts,
communication and information equipment and other fishing equipment in order to
enable these supervisors to collect science data, samples and record other
relevant information;
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i) Give funding under
contracts signed with supervisors or pay some expenses for implementation of
the supervisory Program approved by the Ministry of Agriculture and Rural
Development.
5. The Ministry of
Agriculture and Rural Development shall develop a program framework and provide
training and refresher training for supervisors; develop and organize
implementation of the supervisory program on an annual basis or by each period
according to regulatory requirements or requirements imposed by the import
market. The Program shall contain the basic contents, including objectives,
implementation contents (fishery industry to be supervised, trip number,
supervision areas), products delivered and implementation funding.”
23. Article 46 shall be amended as follows:
“Article
46. Eligibility requirements to be satisfied by fishing vessel operating
outside Vietnam’s waters
1. Point b Clause 1
Article 53 of the Law on Fisheries is elaborated as follows:
a) The fishing vessel
with a maximum length of at least 15 meters shall be fitted with a monitoring
equipment capable of automatically transmitting information through the
satellite communications system and must not violate illegal fishing
regulations;
b) The fishing vessel
must be fitted with marine communications equipment, including VHF radio
transmitters and receivers maintaining a continuous DSC watch on Channel 70 or
16; MF/HF radio transmitters and receivers; NAVTEX receiver and emergency
position-indicating radio beacons (EPIRB).
2. Point d Clause 1
Article 53 of the Law on Fisheries is elaborated as follows:
a) It must be assigned an
IMO number according to regulations in case the fishing vessel operates in
waters under the management of the regional fishery organization or waters of
another country or territory upon request;
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c) Crew members and
fishers working on board a fishing vessel must obtain a certificate of
completion of a course on fisheries management within international waters
issued by the fishery authority under the Ministry of Agriculture and Rural
Development if the fishing license is issued for the purpose of conducting
fishing activities within waters under the jurisdiction of the regional
fisheries management organization.”
24. Clause 4 Article 48 shall be amended as follows:
“4.Procedures:
a) The applicant for
issuance, re-issuance and renewal of license for fishing operations of foreign
ships in the Vietnam waters shall submit an application to the fishery
authority affiliated to the Ministry of Agriculture and Rural Development;
b) After receiving the
satisfactory application, the fishery authority affiliated to the Ministry of
Agriculture and Rural Development shall submit a list of crew members and
fishers working on board a fishing vessel to the Ministry of Agriculture and
Rural Development, which will collect opinions thereon from the Ministry of
Public Security and the Ministry of National Defense. Within 10 working days
from the date of receipt of the written request for opinions, the Ministry of
Public Security and the Ministry of National Defense shall reply in writing. Within
05 working days from the date of receipt of opinions from the Ministry of
Public Security and the Ministry of National Defense, the fishery authority
affiliated to the Ministry of Agriculture and Rural Development shall consider
issuing or re-issuing the license for fishing operations of foreign ships in
the Vietnam waters according to Form No. 15.KT Appendix IV enclosed with this
Decree;
c) Within 05 working days
from the date of receipt of the satisfactory application, the fishery authority
affiliated to the Ministry of Agriculture and Rural Development shall issue the
renewed license for fishing operations of foreign ships in the Vietnam waters
according to the Form No. 16.KT in the Appendix IV hereof;
d) After issuing, re-issuing
and renewing the license for fishing operations of foreign ships in the Vietnam
sea, the Ministry of Agriculture and Rural Development shall notify the
People's Committee of province where there are foreign ships that operate in
the Vietnam waters and the Ministry of Public Security, the Ministry of
National Defense and the Ministry of Foreign Affairs for cooperation in
monitoring and management;
dd) In case of rejection
of the application, a response and explanation shall be provided in writing.”
25. Article 49 shall be amended as follows:
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1. When entering, leaving
or anchored within Vietnam’s fishing port water areas, foreign vessels must fly
Vietnamese flag on top of the highest mast of the vessel and fly flag of the
country where the vessel is registered on the lower mast.
2. Declaration shall be
made and foreign
fishing vessels entering or leaving fishing ports or anchored within fishing
port water areas shall be subject to inspection and control by
competent authorities according to regulations of law.”
26. Clause 3 Article 51, Clause 3 Article 52, Clause 3 Article
53 shall be amended as follows:
“3. The quality
management system shall be established and applied; there must be technical
procedures according to national technical regulation on classification and
construction of fishing vessels
27. Clause 3 Article 54 shall be amended as follows:
“3. Procedures for
inspection of maintenance of fulfillment of eligibility requirements for
building and modifying fishing vessels, issuance or re-issuance of certificates
of eligibility for building and modifying fishing vessels:
a) The applicant shall
submit an application to the fishery authority of province where the fishing
vessel building and modification facility is located;
b) Within 07 days from
the receipt of the satisfactory application, the provincial fishery authority
shall inspect and assess the fulfillment of eligibility requirements by the
facility according to Form No. 03A.TC Appendix V enclosed with this Decree; If
the facility fails to satisfy all eligibility requirements, the facility shall
take corrective actions. After taking corrective actions, the facility shall
notify the provincial fishery authority in writing to inspect the correction
(if necessary);
c) If the application is
satisfactory and the facility satisfies all eligibility requirements, within 03
working days from the end of the inspection/assessment, the provincial fishery
authority shall issue the certificate of eligibility for building and modifying
fishing vessels according to the Form No. 04.TC in the Appendix V hereof; in
case of rejection of the application, a response and explanation shall be
provided in writing;
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28. Article 54a shall be added after Article 54 as follows:
Article
54a. Institutions providing training and refresher training for crew members working on fishing vessels
1. Requirements to be
satisfied by an institution providing training and refresher training for crew
members working on a fishing vessel
a) It must be an
institution having training and refresher training functions and established
according to regulations of law;
b) There must be
facilities, equipment and lecturers that meet requirements specified in
Appendix XII enclosed with this Decree;
c) There must be training
and refresher training programs and textbooks according to regulations; the
institution must establish and maintain the application of a quality management
system according to ISO 9001 or equivalent.
2. Rights and obligations
of the institution:
a) Collect fees for
training and refresher training according to regulations;
b) Send a written
notification according to Form No. 04A.TC enclosed with this Decree to the
fishery authority affiliated to the Ministry of Agriculture and Rural
Development for at least 30 days before the institution provides training and
refresher training for crew members;
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d) Give training and
refresher training for crew members according the program framework issued by
the Ministry of Agriculture and Rural Development.”
29. Article 56 shall be amended as follows:
“Article
56. Eligibility requirements to be satisfied by a fishing vessel registry
1. Regarding Class I
fishing vessel registry:
a) The registry shall be
established by the competent authority (in case of a public registry) or
established in accordance with regulations of the Law on Enterprises and Law on
Cooperatives; the fishing vessel registry must be legally and financially independent
of the organizations and individuals trading, building, modifying and designing
fishing vessels;
b) The registry must have
necessary infrastructure and equipment: data storage and input equipment,
equipment connected to the Internet and transmitting data to relevant
authorities involved in fishing vessel registration, tools and equipment
serving technical inspection according to the Appendix VII hereof;
c) The registry shall
sign fixed-term labor contracts of at least 12 months or indefinite contracts
according to regulations of law with registrars obtaining at least a bachelor’s
degree in ship hull engineering, marine engineering, electric engineering,
fishing, heat and refrigeration engineering or fisheries product processing;
during the period of execution of contracts with the registry, the registrars
must not sign fixed-term labor contracts of at least 3 months with other
employers; there must be at least 01 Class I registrar and 02 Class II
registrars;
d) The registry must
establish and maintain the application of a quality management system according
to ISO 9001 or equivalent.
2. Regarding Class II
fishing vessel registry:
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b) The registry shall
sign fixed-term labor contracts of at least 12 months or indefinite contracts
according to regulations of law with registrars obtaining at least a bachelor’s
degree in ship hull engineering, marine engineering, electric engineering, fishing,
heat and refrigeration engineering or fisheries product processing; during the
period of execution of contracts with the registry, the registrars must not
sign fixed-term labor contracts of at least 3 months with other employers;
there must be at least 02 Class II registrars.
3. Regarding Class III
fishing vessel registry:
a) The registry must
satisfy the eligibility requirements specified in Points a and b Clause 1 of
this Article;
b) The registry shall
sign fixed-term labor contracts of at least 12 months or indefinite contracts
according to regulations of law with registrars obtaining at least a level 5 of
VQF Advanced Diploma in ship hull engineering, marine engineering and fishing;
during the period of execution of contracts with the registry, the registrars
must not sign fixed-term labor contracts of at least 3 months with other
employers; there must be at least 01 Class II registrar;
c) The registry must
establish and maintain the application of a quality management system according
to ISO 9001 or equivalent; or establish procedures for technical inspection and
supervision of fishing vessels in accordance with national technical
regulations on classification and construction of fishing vessels.”
30. Clauses 2 and 3 shall be amended and Clause 4, Clause 5
shall be added to Article 57 as follows:
“2. The applicant shall
submit an application to the provincial fishery authority.
3. Within 03 working days
from the receipt of the satisfactory application, according to quota on
issuance of the fishing license and specific criteria laid down by the
province, the provincial fishery authority shall appraise the application and
consider granting approval according to the Form No. 06.TC in the Appendix V
hereof. In case of rejection of the application, a response and explanation
shall be provided in writing.
4. If the approval for
purchase of fishing vessels from another province or central- affiliated city
is granted, there must be a written notification of quota conversion for the
license for fishing in offshore zone given by the Department of Agriculture and
Rural Development of province where the organization/individual selling fishing
vessels is located and in accordance with specific criteria laid down by the
province.
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31. Clause 2 and point b Clause 3 Article 58 shall be amended
as follows:
“2. Documents
mentioned in Points b, c, d and dd Clause 1 of this Article must be translated
into Vietnamese language. Documents specified in point d Clause 1 of this
Article must be consularly legalized as prescribed by law.”
“b) Within 15 days from
the date of receipt of the satisfactory application, the fishery authority
under the Ministry of Agriculture and Rural Development shall make inspection
and comparison with the applicable IUU vessel lists published by FAO (Food and
Agriculture Organization of the United Nations) and regional fisheries
management organizations, compare the vessel registration certificate and the
ensign to verify the origin of the fishing vessel (for used vessels), inspect
the list of previous flag countries, name of the vessel, zones and the species
of fish caught in the last two years (a copy of relevant fishing license is
enclosed) and confirmation of the previous flag country that the vessel
registration was not cancelled due to previous illegal fishing, and then
consider issuing the license to the applicant according to the Form No. 08.TC
in the Appendix V hereof. In case of rejection of the application, a response
and explanation shall be provided in writing;
32. Article 61 shall be amended as follows:
“Article
61. Contents and procedures for opening and closing fishing ports, and
designating fishing ports
1. An application for
opening of a fishing port:
a) An application form
(Form No. 09.TC in the Appendix V hereof);
b) Document on
establishment of fishing port management organization;
c) Document showing the
rights to use land and water areas of the port;
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dd) Notice about channel
of the port and water areas in front of the wharf (except for class III fishing
port).
2. Procedures for opening
a fishing port:
a) The fishing port
management organization shall submit an application specified in Clause 1 of
this Article to the competent authority specified in Clause 3 Article 79 of the
Law on Fisheries;
b) Within 06 days from
the receipt of the satisfactory application, the competent authority shall
consider the application, carry out a site survey of the fishing port (if
necessary) and decide to open the fishing port according to the Form No. 10.TC
in the Appendix V hereof when all conditions are satisfied according to regulations.
In case of rejection of the application, a response and explanation shall be
provided in writing;
c) Within 02 days from
the date of issuing the decision on opening of the fishing port, the competent
authority shall publish it on the mass media.
3. Closing of a fishing
port:
a) The authority
competent to close a fishing port is the authority competent to open the
fishing port. This authority shall issue a decision on closing of the fishing
port in one of the cases specified in Clause 2 Article 79 of the Law on
Fisheries, and revoke the issued decision on opening of the fishing port;
b) The decision on
closing of fishing port shall be made using the Form No. 11.TC in the Appendix
V hereof.
4. Designated fishing
port which offshore fishing vessels enter:
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b) Departments of
Agriculture and Rural Development of provinces and central- affiliated cities
shall carry out site surveys of fishing ports (if necessary), propose
designated fishing ports which offshore fishing vessels enter according to Form
No. 11A.TC Appendix V enclosed with this Decree and send reports to the fishery
authority affiliated to the Ministry of Agriculture and Rural Development for
consolidation and submission to the Ministry of Agriculture and Rural
Development which publishes designated fishing ports The list of designated
fishing ports which offshore fishing vessels enter shall be published on the
website of the fishery authority affiliated to the Ministry of Agriculture and
Rural Development.
5. Fishing ports
designated to trace fishery raw materials:
a) A fishing port
designated to trace fishery raw materials shall meet the following
requirements: it has been opened as prescribed; there must be forces (at least
02 persons qualified for fishery and fishery database access computer systems)
in charge of control of fishing vessels entering and leaving the port and
supervision of production of aquatic species handled through the port and IUU
vessels; if the designated fishing port violates regulations on tracing fishery
raw materials or no longer meets the aforesaid requirements, it will be removed
from the list of designated fishing ports;
b) Departments of
Agriculture and Rural Development of provinces and central- affiliated cities
shall carry out site surveys of fishing ports (if necessary), propose fishing
ports eligible to trace fishery raw materials and send reports to the fishery
authority affiliated to the Ministry of Agriculture and Rural Development for
consolidation and submission to the Ministry of Agriculture and Rural
Development which publishes eligible fishing ports. The list of fishing ports
eligible to trace fishery raw materials shall be published on the website of
the fishery authority affiliated to the Ministry of Agriculture and Rural
Development.
6. Designated fishing
port which foreign fishing vessels enter:
a) A designated fishing
port which foreign fishing vessels enter shall meet the following requirements:
it has been opened as prescribed; the depth of the channel and water areas in
front of the wharf shall be such that foreign fishing vessels may enter the port;
it is built in a location favorable for control of entry, exit, import and
export of aquatic species by competent authorities;
b) Departments of
Agriculture and Rural Development of provinces and central- affiliated cities
shall carry out site surveys of designated fishing ports which foreign fishing
vessels enter (if necessary) according to Form No. 11B.TC Appendix V enclosed
with this Decree and send reports to the fishery authority affiliated to the
Ministry of Agriculture and Rural Development for consolidation and submission
to the Ministry of Agriculture and Rural Development which publishes designated
fishing ports. The list of designated fishing ports which foreign fishing
vessels enter shall be published on the website of the fishery authority
affiliated to the Ministry of Agriculture and Rural Development and sent to
relevant organizations and individuals for management and monitoring.
7. Departments of
Agriculture and Rural Development of provinces and central- affiliated cities
shall be responsible for management, direction, inspection and provision of
guidance for organizations managing fishing ports within their provinces and
cities on professional expertise, supervision of fishing vessels, production of
aquatic species and quantity of goods handled through ports; inspection and
handling of administrative violations in fishing ports according to regulations
of law; provision of guidelines for organizations managing fishing ports for
collection and receipt of fishing logbooks and reports and updation of fishing
logbook data on the national database on fishing vessels according to
regulations.”
33. Article 66 shall be amended as follows:
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1. Organizations and
individuals involved in re-processing and processing of endangered, precious
and rare aquatic species must satisfy the following requirements:
a) Specimens of
endangered, precious and rare aquatic species must be of legal origin as
prescribed by law;
b) A record on
pre-processing and processing of endangered, precious and rare aquatic species
and products thereof must be made in order to serve inspection and management
of endangered, precious and rare aquatic species at the request of the
competent authority;
c) Finished products sold
on the market must be labeled in accordance with regulations of law on goods
labeling;
d) Regulations in Article
96 and Article 97 of the Law on Fisheries are satisfied.
2. Aquatic species and
products thereof included in the List of endangered,
precious and rare aquatic species will be purchased, sold, stored and transported
when regulations in points a,c and d Clause 1 of this Article are satisfied.”
34. Article 70 shall be amended as follows:
“Article
70. Supervision of foreign fishing vessels, vessels carrying and transferring aquatic species and products thereof entering Vietnam's ports
1. Authority to publish
or remove ports from the list of designated ports:
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b) The Ministry of
Agriculture and Rural Development shall take charge and cooperate with the
Ministry of Transport in removing ports from the list of designated ports that
allow the entry of foreign fishing vessels, vessels carrying and transferring
aquatic species and products thereof originating from catches for the purposes
of import, temporary import, re-export and transit thereof through Vietnam in
case where these ports fail to meet liability requirements applied to
designated ports according to regulations of The Agreement on Port State
Measures (to prevent, deter and eliminate illegal, unreported and unregulated
fishing under the provisions of the Food and Agriculture Organization of the United Nations
(FAO).
2. Vessels subject to
control:
Fishing logistic vessels
that provide human resources, fuel, fishing gears and other equipment at the
waters of foreign countries and enter ports for the use of services; foreign
fishing vessels, vessels carrying and transferring aquatic species and products
thereof originating from catches that enter ports for the purposes of import,
temporary import, re-export and transit thereof through Vietnam.
3. Giving notification
before a vessel's entry into a port:
Any organization or
individual that has a foreign vessel specified in Clause 2 Article 70 shall
send a notification to a competent authority of the Ministry of Agriculture and
Rural Development according to the Form No. 17.KT in the Appendix IV hereof,
enclosed with photocopies of documents specified in point b Clause 5 in person,
by post or online (national single-window system, online public service,
e-software, email, fax) in English or Vietnamese language (original documents
that are not written in English must be translated into English and the English
translations must be notarized or authenticated according to regulations) 72
hours prior to its entry into a port.
4. Conducting inspections
to decide to allow or refuse the vessel’s entry into the port:
Within 72 hours from the
receipt of the notification, the competent authority of the Ministry of
Agriculture and Rural Development shall inspect and verify information on
whether the vessel is included in the list of IUU vessels or fishery products
of the fishing vessel and aquatic species and products thereof on board are
included in CITES and decide to:
a) allow the vessel to
enter the port and notify the vessel owner or his/her legal representative, the
Maritime Administration according to Form No. 17A.KT Appendix IV enclosed with
this Decree if it does not engage in unreported, unregulated, illegal fishing
or support illegal fishing;
b) refuse the entry of
the vessel and notify competent authorities at the port, and send notification
to the flag State, neighboring coastal states, regional fisheries management
organizations and relevant organizations in one of the following cases:
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There are requests from
neighboring coastal states, regional fisheries management organizations and
relevant international organizations.
5. On-site inspection on
board upon its entry into the port:
a) Inspection principles:
Ensure equality and transparency, ensure no discrimination and do not cause any
trouble during the inspection; do not affect quality of fishery products on
board. Inspectors must be qualified and expert in law on fisheries and do not
interfere in exchange of information between the captain and competent
authorities of the flag state according to international laws; if necessary, a
representative of the flag state and international experts may be invited to
join the inspection;
b) Documents to be
presented to the inspecting authority: registration certificate of fishing
vessel; fishing license; transfer license, reports on transfer and information
on the vessel engaged in the transfer (fishing license; transfer license;
registration certification, declaration provided by the captain); vessel's hold
diagram; copy of license for import of aquatic species originating from catches
and included in CITES (in case where there is any aquatic species included in
CITES); other documents related to the information specified in Form No. 17.KT
Appendix IV enclosed with this Decree.
6. Contents of on-site
inspection upon the vessel’s entry into the port:
a) Inspecting the
accuracy of information declared in Form No. 17.KT Appendix IV enclosed with
this Decree in comparison to documents stored on the vessel;
b) Inspecting volume and
components of aquatic species and products thereof, fishing gears and relevant
equipment on board in comparison to those declared in Form No. 17.KT Appendix
IV enclosed with this Decree;
c) Comparing the declared
volume and actual volume of goods loaded/unloaded at the port to finalize the
record according Form No. 18.KT Appendix IV enclosed with this Decree
7. Procedures for on-site
inspection upon the vessel’s entry into the port:
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b) Carry out the
inspection according to clause 6 of this Article and information specified in
the Form No.17.KT in the Appendix IV hereof;
c) The captain shall
provide the declared information and present documents specified in point b
Clause 5 of this Article and those related to the contents of inspection and
the declared information before the vessel enters the port;
d) Make inspection record
according to Form No. 18.KT under Appendix IV attached to this Decree;
dd) Notify and process
inspection results according to regulations in clause 8 of this Article.
8. Notification and
processing of on-site inspection results upon the vessel’s entry into the port:
a) The competent
authority of the Ministry of Agriculture and Rural Development shall refuse the
unloading of aquatic species and products thereof into the port and request
another competent authority to compel the vessel to leave Vietnam’s territory
(except for force majeure due to humanitarian factors) and request (according
to Form No. 17A.KT Appendix IV) this authority to refuse to provide services at
the port, and at the same time notify inspection results and measures against
violations to the flag state, the coastal state, the regional fisheries
management organization, FAO, relevant international organizations and state of
which the captain of such fishing vessel is the citizen if one of the following
cases occurs:
Imported aquatic species
and products thereof are caught by the vessel without the license or with the
invalid license according to regulations of the flag state or the competent
coastal state;
Imported aquatic species
and products thereof are carried or transferred by the vessel without the
license or with the invalid license according to regulations of the flag state
or the competent coastal state;
Imported aquatic species
and products thereof are caught by the vessel without the license or with the
invalid license within the water area under the jurisdiction of the regional
fisheries management organization;
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There are evidences that
imported aquatic species and products thereof are caught in excess of the quota
granted by the competent coastal state or the regional fisheries management
organization;
There are evidences that
imported aquatic species and products thereof on board are caught against
regulations of the competent coastal state or those on management and preservation
measures within the water area under the jurisdiction of the regional fisheries
management organization or evidences that the vessel engages in illegal fishing
or supports illegal fishing according to regulations in Article 60 of the Law
on Fisheries;
Imported aquatic species
and products thereof are caught by the vessel included in the list of IUU
vessels published by the flag state or the competent coastal state or the
regional fisheries management organization.
b) The inspection record
according to Form No. 18.KT Appendix IV enclosed with this Decree is made into
02 copies, each of which is kept by the captain and the inspecting authority.
c) The competent
authority under the Ministry of Agriculture and Rural Development shall:
Withdraw the decision to
refuse the uploading of aquatic species and products thereof into the port or
the request for refusal to provide services at the port by the Maritime
Administration when there are evidences that the findings mentioned in point a of
this Clause are based on insufficient or inaccurate grounds or these grounds
are no longer applied.
Notify the vessel owner
or the legal representative of the vessel, management authorities at the port,
the flag state, the coastal state, the regional fisheries management
organization, FAO, relevant international organizations and state of which the
captain of such fishing vessel is the citizen of this withdrawal.
9. After custom clearance
is granted, in case of receipt of the notification of aquatic species and
products thereof caught against IUU Regulation from the flag state, the coastal
state, the regional fisheries management organization, FAO, relevant
international organizations, the competent authority shall handle
administrative violations against regulations on fisheries as per the law.
10. Standards to be
satisfied by and rights of an inspector:
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The inspector must be an
official or public employee working at the competent authority affiliated to
the Ministry of Agriculture and Rural Development and assigned to control the foreign fishing vessel, vessel
carrying and transferring aquatic species and products thereof entering
Vietnam's port; he/she must be qualified and expert in law on fisheries and
regulations of the Agreement on Port State Measures and possess inspection
skills upon request.
b) Rights of the
inspector:
Request the captain, crew
members, the goods owner and the ship agent to provide documents according to
regulations;
Collect documents and
evidences related to the vessel, aquatic species and products thereof on board to
serve the inspection;
Board the vessel and
inspect its areas related to information to be inspected; access the vessel
monitoring system and the automatic identification system of the vessel (if any),
fishing gears, hold diagram and other relevant equipment on board;
Attend refresher training
and training courses on inspection according to the Agreement on Port State Measures;
Exchange information with
presiding agencies of the flag state and other states, the regional fisheries
management organization and relevant international organizations in order to
verify information about the vessel, aquatic species and products thereof on board;
Request the national
presiding agency to invite the representative of the flag state and
international experts to join the inspection if necessary; propose
establishment of an Interdisciplinary inspectorate or hiring of interpreters
(if necessary);
Make request for
suspension of loading/uploading or require port management authorities to stop
providing services at the port.
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35. Article 70a shall be added to Article 70 as follows:
70a.
Control of imported aquatic
species and products thereof processed from catches and transported by container
vessels to Vietnam
1. 48 hours before the
shipment arrives at the port, an organization/individual importing aquatic
species and products thereof originating from catches into Vietnam and
transporting them by a container vessel shall make declaration and send an
application to the competent authority of the Ministry of Agriculture and Rural
Development to carry out appraisal, verify that the origin of imported fishery
raw materials does not violate IUU Regulation and serve inspection in person,
by post or online (national single-window system, online public service,
e-software, email, fax). The application includes:
a) Information on the
shipment according to Form No. 17B.KT under Appendix IV attached to this
Decree;
b) A copy of bill of
lading with regard to imported
aquatic species and products thereof originating from catches;
c) Certificate of origin
of aquatic species processed from catches issued by a competent authority of
the exporting country of to the shipment or Document confirming or certifying
that aquatic species originate from catches issued by a competent authority of
the exporting country of to the shipment
d) If the certificate or
document specified in point c of this Clause is not available, a copy of the
fishing license of the vessel is required. Regarding shipments of Xiphias
gladius and species subject to inspection under annual plans to inspect and
control aquatic species and products thereof originating from catches that are
imported, temporarily imported, re-exported and transited through Vietnam by
container vessels issued by the Ministry of Agriculture and Rural Development,
a copy of the fishing license and the Captain’s statement of the fishing vessel
are required. The Captain’s statement shall contain pieces of information about
the fishing vessel of aquatic species and products thereof imported into
Vietnam, including: name, registration number (IMO/international call sign/hull
markings/registration number of RFMO (if any), the flag state, number of the
fishing license, type of fishing gears, fishing time and location; date and
time of first arrival and confirmation that aquatic species are caught
according to applicable regulations and management and preservation measures. The
Captain’s statement shall bear signature of the captain of the fishing vessel.
2. The competent
authority under the Ministry of Agriculture and Rural Development shall:
a) Consolidate information
provided by the organization/individual to serve inspection after import and
related to IUU Regulation as per law with regard to container vessels carrying
imported aquatic species and products thereof that are not subject to
inspection under annual plans to inspect and control aquatic species and
products thereof originating from catches that are imported, temporarily
imported, re-exported and transited through Vietnam by container vessels issued
by the Ministry of Agriculture and Rural Development;
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If the information and
application are satisfactory, the competent authority of the Ministry of
Agriculture and Rural Development shall send a notification to the goods owner
within 48 hours from the time of receipt of the satisfactory application and
the customs authority at the checkpoint for cooperation in completion of import
clearance procedures according to Form No. 17C.KT Appendix IV enclosed with
this Decree;
If it is suspected that
imported aquatic species are caught and transferred against IUU Regulation
according to the declared information and application upon import, the
competent authority under Ministry of Agriculture and Rural Development shall
notify the goods owner and appoint inspectors meeting standards specified in
clause 10 Article 10 to cooperate with the customs authority at the checkpoint
to conduct on-site inspection of fishery products on board the container vessel
and complete the inspection record according to Form No. 17D.KT Appendix IV
enclosed with this Decree. In case where species components cannot be
determined, the sampling shall be conducted to serve inspection:
Handle inspection
results:
According to inspection
results, in case it is detected that imported aquatic species and products
thereof are caught by the vessel included in the list of IUU vessels published
by the flag state or the competent coastal state or the regional fisheries
management organization; or caught or transferred by the vessel without the
license or with the invalid license according to regulations of the flag state
or the competent coastal state; or caught or transferred by the vessel without
the license or with the invalid license within the water area of the regional
fisheries management organization; or there are evidences that aquatic species
and products thereof are caught in excess of the quota granted by the competent
coastal state or the regional fisheries management organization or caught
against regulations of the competent coastal state or regulations on management
and preservation measures within the water area under the jurisdiction of the
regional fisheries management organization or the vessel engages in illegal
fishing or supports illegal fishing according to regulations in Article 60 of
the Law on Fisheries, the competent authority shall notify the goods owner and
the customs authority at the checkpoint to handle the shipment of aquatic
species and products thereof in accordance with regulations of law according to
Form No. 17C.KT Appendix IV enclosed with this Decree.
In case the inspection
results are satisfactory, the competent authority shall notify the goods owner
and the customs authority in order to follow procedures for clearance of the
imported shipments according to regulations.
3. In case where aquatic
species and products thereof transported by the container vessel are caught
against IUU Regulation as notified by the flag state or the competent coastal
state or regional fisheries management organizations and relevant international
organizations:
a) If the shipment has
not entered the port, the competent authority under the Ministry of Agriculture
and Rural Development shall cooperate with relevant agencies to prevent
uploading/loading the shipment;
b) If the shipment has
been unloaded at the port and is under customs control, the competent authority
under the Ministry of Agriculture and Rural Development shall cooperate with
relevant agencies in notifying importers for handling as per law and mandatory
re-export of the shipment;
c) If customs clearance
has been granted to the shipment, regulations on imposition of administrative
penalties in the fishery sector shall be applied.
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a) If the shipment has
not entered the port or has entered the port but customs clearance has not been
granted to the shipment, the competent authority under the Ministry of
Agriculture and Rural Development shall cooperate with relevant agencies to
conduct inspection according to regulations in point b clause 2 of this
Article. If violations are not found, the inspection results shall be sent to
the goods owner to complete clearance procedures. If violations are found, the
shipment shall be compulsorily re-exported and handled as per law;
b) If customs clearance
has been granted to the shipment, the competent authority under the Ministry of
Agriculture and Rural Development shall cooperate with relevant agencies to
conduct inspection If violations are found, they shall be handled according to
regulations on imposition of administrative penalties in the fishery sector.
5. It is required to
handle inspection results after import related to IUU Regulation as per law
with regard to container vessels carrying imported aquatic species and products
thereof that are not subject to inspection under annual plans to inspect and
control aquatic species and products thereof originating from catches that are
imported, temporarily imported, re-exported and transited through Vietnam by
container vessels issued by the Ministry of Agriculture and Rural Development
in accordance with point b clause 2 of this Article. The inspection record
shall be made according to Form No. 17D.KT Appendix IV enclosed with this
Decree.
6. According to the
actual situation, the competent authority under the Ministry of Agriculture and
Rural Development shall formulate and implement annual plans to inspect and
control aquatic species and products thereof originating from catches that are
imported, temporarily imported, re-exported and transited through Vietnam by
container vessels.”
36. Article 70b shall be added as follows:
“Article
70b. Responsibilities of relevant agencies and organizations
1. The competent
authority under the Ministry of Agriculture and Rural Development shall:
a) Take charge of and
cooperate with relevant forces at ports in controlling aquatic species
originating from catches;
b) Preside over the
development of a cooperative mechanism which serves exchange of information
with coastal states on allowable quotas for aquatic species caught for the
purpose of import into Vietnam.
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d) Take random control
measures at import factories in order to ensure that the declared production
and types are accurate and consistent with species quotas granted by the
coastal state or the regional fisheries management organization.
2. A port operator shall:
a) Provide human
resources, working places, means and equipment for competent state agencies to
perform tasks according to regulations;
b) Submit a report to the
competent authority under the Ministry of Agriculture and Rural Development on
the actual production of goods loaded and unloaded at the port enclosed with
detailed information on vehicle number, customer name, weighing date, weight of
vehicle and goods, empty vehicle weight, goods weight and hold code immediately
after loading and unloading.
3. Maritime
administrations at ports shall appoint persons to participate in on-site
inspections on vessels at the request of the competent authority under the
Ministry of Agriculture and Rural Development.
4. Captains, vessel
owners, goods owners, and enterprises importing aquatic species and products
thereof originating from catches shall comply with regulations on inspection
and control, and provide information and documents as required by inspectors
and inspectorates according to regulations of law; goods owners shall provide
relevant documents to serve control and management by chain.
5. Organizations and
individuals shall be responsible for complying with regulations of law when
they inspect and control vessels, aquatic species and products thereof originating
from catches and entering ports for the purposes of import, temporary import,
re-export and transit through Vietnamese territory.
6. An importer shall:
a) Be responsible for
reporting to the competent authority of the Ministry of Agriculture and Rural
Development on the actual production and components of aquatic species imported
after classification in comparison with the declared contents according to Form
No. 17.KT, Appendix IV enclosed with this Decree and submitting a copy of the
customs declaration granted customs clearance within 60 days from the date of
commencement of loading and unloading at the port;
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c) Not mix imported
fishery materials originating from catches with domestic fishery materials
originating from catches in the same shipment exported;
d) Enable the competent
authority under the Ministry of Agriculture and Rural Development to supervise
the classification at the storage warehouse.
7. Departments of
Agriculture and Rural Development shall be responsible for cooperating with the
competent authority of the Ministry of Agriculture and Rural Development to
carry out inspections of foreign vessels entering ports when required.
37. Point c clause 1
shall be amended and points i, k, l, m and n shall be added to Clause 1 Article
71 as follows:
a) Point c Clause 1
Article 71 shall be amended:
“c) Design documents
providing technical guidelines in the fishery sector; sets of indicators for
monitoring and evaluation of co-management in aquatic resource protection and
recovery;”.
b) Points i, k, l, m and
n shall be added to Clause 1 Article 71 as follows:
“i) Establish and issue
technical procedures for handling fishing vessels that fail to maintain
connection with monitoring equipment and fishing vessels that pass beyond the
boundary permitted for fishing at the sea;
k) Give public fishing
logistics services, manage, operate and renovate fishing ports and storm
shelters for fishing vessels according to the Government’s regulations on
commissioning, ordering and tendering for public goods and services funded by
the state budget's regular expenditures
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m) Take charge and
cooperate with the Ministry of Finance in adopting measures for control of
origin of aquatic species and products thereof imported into Vietnam; inspect
enterprises engaged in import of aquatic species and products thereof into
Vietnam;
n) Preside over and
cooperate with relevant agencies in formulating the plan to inspect and control
aquatic species and products thereof originating from catches that are
imported, temporarily imported, re-exported and transited through Vietnam by
container vessels in accordance with international standards in each period;
promulgate procedures for inspecting and controlling such aquatic species and
products thereof (if necessary or as required by international organizations);
develop software to receive information provided by organizations/individuals
for control and management.”
38. Point b Clause 3 Article 71 shall be amended as follows:
“b) Direct the General
Department of Customs not to grant customs clearance to shipments of aquatic
species and products thereof originating from illegal fishing; cooperate with
the competent authority controlling aquatic species originating from catches
and imported into Vietnam under the Ministry of Agriculture and Rural
Development to have solutions to control aquatic species originating from
catches and imported into Vietnam by container vessels.
Before the 25th
of every month, the Ministry of Finance (General Department of Customs) shall
provide information and documents on shipments of aquatic species originating
from catches and imported into Vietnamese territory for the competent authority
controlling aquatic species originating from catches and imported into Vietnam
under the Ministry of Agriculture and Rural Development in order to serve
monitoring, inspection and control of the origin. The information includes
import time; number of customs declaration granted customs clearance; name of
importing enterprise; name of exporting enterprise; exporting country,
uploading port, loading port, volume of goods, components of species, code of
goods and original currency value.”
39. Clause 4 Article 71 shall be amended as follows:
“a) Direct law
enforcement officers at sea to inspect and control Vietnamese and foreign
fishing vessels entering and leaving ports and operating at sea as prescribed
by law.
b) Direct the Border
Guard to inspect aquatic species within the sea border and the field under its
management according to regulations of law; cooperate with specialized
authorities at fishing ports in inspecting fishing vessels and crew members
entering and leaving fishing ports and storm shelters as prescribed by law;
c) Direct Coast Guard to
handle fishing, aquaculture, purchase and sale, transport, collection and
pre-processing of aquatic species and products thereof within their areas,
waters and fields according to regulations of law;
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dd) Cooperate with the
Ministry of Agriculture and Rural Development in managing fishing vessels, crew
members and people working on board foreign fishing vessels within Vietnam’s
waters and Vietnamese fishing vessels operating within waters.”
40. Point c shall be added to Clause 5 Article 71 as follows:
“c) Set up forces in
charge of patrolling, controlling and handling violations against regulations on
fisheries committed by fishing vessels, crew members and people working on
board foreign fishing vessels on waterways, within Vietnam’s waters and other
waters as per law;
41. Clause 8 and Clause 9 shall be added to Article 72 as
follows:
“8. Promulgate
regulations on management of recreational fishing within their provinces.
9. Designate agencies and
units to inspect and control fishing vessels at ports after there are decisions
to open fishing ports. With regard to fishing ports that were officially
opened, within 30 days from the effective date of this Decree, they shall
designate agencies and units to inspect and control fishing vessels at ports.”
Article
2. Addition, replacement and annulment of some words, phrases, points, clauses
and articles of the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019
on guidelines for implementation of the Law on Fisheries.
1. The phrase “liên
doanh” (joint venture) in Clause 3 Article 12 shall be annulled.
2. Point b Clause 2
Article 35 shall be annulled.
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4. The phrase “thuộc Tổng cục Thủy sản” (affiliated to the
Directorate of Fisheries) after the phrase “Cục Kiểm ngư là cơ quan”
(Department of Fisheries Resources Surveillance is an agency) in point a clause
1 Article 62 shall be annulled.
5. Point c Clause 1 Article 64 shall be annulled.
6. Points b,m,o,p Clause
2 and Clause 3 Article 65 shall be annulled.
7. The phrase “hoặc tổ
chức được giao quản lý khu bảo tồn biển” (or the organization assigned to
manage the MPA) shall be added after the phrase “Ban quản lý khu bảo tồn biển”
(the MPA management unit).
8. The phrase “khu neo
đậu tránh trú bão cho tàu cá" (storm shelters for fishing vessels) shall
be added after the phrase “cảng cá” (fishing ports) in point a clause 1 Article
71.
9. The phrase “Giấy đăng
ký tàu cá số: ................ TS; cấp ngày …. tháng …. năm ….” (Fishing Vessel
Registration Certificate No. ................TS; date of issuance: ….) shall be
added after the phrase “hết thời hạn ngày …… tháng …… năm ……” (Expiry date: ……)
in Form No. 03.KT Appendix IV.
10. The phrase “Tổng cục
Thủy sản" (Directorate of Fisheries) shall be replaced by the phrase “Cơ
quan quản lý nhà nước về thủy sản thuộc Bộ Nông nghiệp và Phát triển nông thôn"
(the fishery authority affiliated to the Ministry of Agriculture and Rural
Development).
11. The phrase
“Pristisdae” shall be replaced by the phrase “Pristidae” in No.41 Appendix IX;
the phrase “Hippocampus keloggi” shall be replaced by the phrase “Hippocampus
kelloggi” in No.18 and the phrase “Khối lượng 500 g/con trở lên” shall be
replaced by the phrase “Có nguồn gốc từ nuôi trồng” in No. 58 Appendix X.
12. The Form No. 01.NT
Appendix III shall be replaced by Form No. 01 Appendix I enclosed with this
Decree; Form No. 02.NT Appendix III shall be replaced by Form No. 02 Appendix I
enclosed with this Decree; Form No. 03.NT Appendix III shall be replaced by
Form No. 03 Appendix I enclosed with this Decree; Form No. 04.NT Appendix III
shall be replaced by Form No. 04 Appendix I enclosed with this Decree; Form No.
09.NT Appendix III shall be replaced by Form No. 05 Appendix I enclosed with
this Decree; Form No. 11.NT Appendix III shall be replaced with Form No. 06
Appendix I enclosed with this Decree; Form No. 12.NT Appendix III shall be
replaced by Form No. 07 Appendix I enclosed with this Decree; Form No. 13.NT
Appendix III shall be replaced by Form No. 08 Appendix I enclosed with this
Decree; Form No. 14.NT Appendix III shall be replaced by Form No. 09 Appendix I
enclosed with this Decree; Form No. 15.NT Appendix III shall be replaced by
Form No. 10 Appendix I enclosed with this Decree; Form No. 16.NT Appendix III
shall be replaced by Form No. 11 Appendix I enclosed with this Decree; Form No.
20.NT Appendix III shall be replaced by Form No. 12 Appendix I enclosed with
this Decree; Form No. 24.NT Appendix III shall be replaced by Form No. 13
Appendix I enclosed with this Decree; Form No. 26.NT Appendix III shall be
replaced by Form No. 14 Appendix I enclosed with this Decree; Form No. 29.NT
Appendix III shall be replaced by Form No. 15 Appendix I enclosed with this
Decree; Form No. 31.NT Appendix III shall be replaced by Form No. 17 Appendix I
enclosed with this Decree.
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14. Form No. 01.KT
Appendix IV shall be replaced by Form No. 20 Appendix I enclosed with this
Decree; Form No. 02.KT Appendix IV shall be replaced by Form No. 21 Appendix I
enclosed with this Decree; Form No. 04.KT Appendix IV shall be replaced by Form
No. 22 Appendix I enclosed with this Decree; Form No. 17.KT Appendix IV shall
be replaced by Form No. 23 Appendix I enclosed with this Decree; Form No. 18.KT
Appendix IV shall be replaced by Form No. 28 Appendix I enclosed with this
Decree; Form No. 05.TC Appendix V shall be replaced by Form No. 31 Appendix I
enclosed with this Decree; Form No. 06.TC Appendix V shall be replaced by Form
No. 32 Appendix I enclosed with this Decree; Form No. 09.TC Appendix V shall be
replaced by Form No. 33 Appendix I enclosed with this Decree; Form No. 10.TC
Appendix V shall be replaced by Form No. 34 Appendix I enclosed with this
Decree.
15. Form No. 01A.KT
Appendix IV shall be added as Form No. 18 Appendix I enclosed with this Decree;
Form No. 01B.KT Appendix IV shall be added as Form No. 19 Appendix I enclosed
with this Decree; Form No. 17A.KT Appendix IV shall be added as Form No. 24
Appendix I enclosed with this Decree; Form No. 17B.KT Appendix IV shall be
added as Form No. 25 Appendix I enclosed with this Decree; Form No. 17C.KT
Appendix IV shall be added as Form No. 26 Appendix I enclosed with this Decree;
Form No. 17D.KT Appendix IV shall be added as Form No. 27 Appendix I enclosed
with this Decree; Form No. 03A.TC Appendix V shall be added as Form No. 29
Appendix I enclosed with this Decree; Form No. 04A.TC Appendix V shall be added
as Form No. 30 Appendix I enclosed with this Decree; Form No. 11A.TC Appendix V
shall be added as Form No. 35 Appendix I enclosed with this Decree; Form No.
11B.TC Appendix V shall be added as Form No. 36 Appendix I enclosed with this
Decree.
16. Appendix II shall be
replaced by Appendix II enclosed with this Decree; Appendix VII shall be
replaced by Appendix III enclosed with this Decree; Appendix VIII shall be
replaced by Appendix IV enclosed with this Decree.
17. Appendix XI. Minimum
sizes of aquatic species allowed to be caught in natural water areas shall be
added as Appendix V enclosed with this Decree.
18. Appendix XII. List of
facilities and lecturers of institutions providing training and refresher
training for crew members working on board fishing vessels shall be added as
Appendix VI enclosed with this Decree.
19. Appendix XIII.
Requirements to be satisfied by monitoring equipment installed on fishing
vessels shall be added as Appendix VII enclosed with this Decree.
Article
3. Implementation
1. This Decree comes into
force as of May 19, 2024.
2. Transition clauses:
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b) Any Vietnamese entity,
foreign investor or foreign-invested business entity engaged in aquaculture at
the sea before the effective date of this Decree shall apply for a license
according to regulations in Decree No. 26/2019/ND-CP within 12 months from the
effective date of this Decree.
c) Any institution
providing training and refresher training for crew members working on board
fishing vessels that operates before the effective date of this Decree shall
send a notification according to Form No. 04A.TC Appendix V enclosed with the
Decree No. 26/2019/ND-CP to the fishery authority under the Ministry of
Agriculture and Rural Development within 90 days from the effective date of
this Decree.
d) Any license,
certificate, written certification, diploma or approval in the fishery sector
issued before the effective date of this Decree shall remain valid until its
expiry date or it is re-issued according to regulations.
dd) Any application for
administrative procedures that has been submitted before the effective date of
this Decree shall be processed according to applicable regulations at the time
of submission of the application. The regulations set forth in this Decree
which are more favorable for entities shall prevail.
e) Regarding monitoring
equipment installed on a fishing vessel before the effective date of this
Decree, the vessel owner shall update and add technical functions according to
regulations in this Decree before December 31, 2026.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang
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